[Amended 5-11-2009 ATM
by Art. 31, approved 5-13-2010 Annual Town Election; 1-10-2013 by Chapter 457, Acts of 2012; 5-11-2015 ATM by Art. 26, approved 5-12-2016 Annual Town Election]
(a) Method of Organization — Town Departments. The organization
of town government into operating departments for the provision of
services and the administration of government shall be the responsibility
of the town manager. Subject only to the express prohibitions in the
laws of the commonwealth or the provisions of this charter, the town
manager may by administrative order reorganize, consolidate, create,
merge, divide or abolish any town department or office, in whole or
in part, establish such new town departments or offices as the town
manager deems necessary or advisable, and prescribe the functions
and the administrative procedures to be followed by all such departments
or offices.
[Amended 1-13-2021 by
Chapter 344, Acts of 2020]
At a minimum, the town manager shall provide for the following
governmental functions:
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(i) administrative and finance; (ii) law enforcement; (iii)
fire protection and rescue services; (iv) operation and maintenance
of the town's roads, parks, buildings and other facilities; (v)
management and protection of coastal resources; (vi) town planning
and enforcement of zoning and building codes; (vii) enforcement of
health and environmental regulations; and (viii) operation of the
water and sewer systems.
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Administrative orders made by the town manager shall become
effective on the thirtieth (30) day following the day on which notice
of the proposed administrative order is filed with the select board
and the office of the town clerk unless the select board shall, within
such period, by majority vote of the select board, vote to reject
such administrative order or has earlier voted to affirm it. For the
convenience of the public, copies of administrative orders and votes
of the select board establishing the nature of the town organization
and any amendments thereto shall be available from the office of the
town manager and the office of the town clerk and posted electronically
and via other means that allow access by the public.
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(b) Method of Organization — Town Boards, Commissions or Committees
[Amended 1-13-2021 by
Chapter 344, Acts of 2020]
Unless otherwise provided by this charter, the establishment
and organization of boards, commissions or committees shall be the
responsibility of the select board. Subject only to the express prohibitions
of the laws of the commonwealth or the provisions of this charter,
the select board may by vote prescribe the term of office, reorganize,
consolidate, create, merge, divide or abolish any town board, commission
or committee, in whole or in part, establish such new board, commission
or committee as deemed necessary or advisable, and prescribe the functions,
purpose and responsibilities of such boards, commissions or committees.
Nothing in this section shall prohibit the town meeting from authorizing
the appointment of one or more committees. Votes of Town Meeting which
authorize the formation of such committees shall state the charge,
composition and town agency to be the appointing authority, if it
is not the select board. The tenure of any such committee shall continue
under its charge and until abolition by or change by a subsequent
town meeting.
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(c) Failure to Fill Vacancies — Town Boards, Commissions or Committees
Should the appointing authority fail to fill a vacancy on a
board, commission, or committee within 60 days of having been notified
in writing by the town clerk of said vacancy, a majority of the remaining
members of the board, commission, or committee may nominate a person
for each such vacancy. Should the appointing authority fail to take
action on said nomination within twenty-one (21) days, the nominee
shall become a member of said board, commission or committee.
(d) Report of Activities
[Amended 1-13-2021 by
Chapter 344, Acts of 2020]
All boards, committees or commissions shall annually, on a date
determined by the select board, submit a report of activities, achievements
and other information to the select board.
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[Amended 1-10-2013 by
Chapter 457, Acts of 2012; 5-11-2015 ATM by Art. 26, approved 5-12-2016 Annual Town Election; 1-13-2021 by Chapter 344, Acts of 2020]
Annually, the select board shall consider the administrative
and practical needs of all town boards, commissions and committees
under the jurisdiction of the select board. During the course of such
consideration, the select board shall review whether each board, commission
or committee has a defined purpose or functions or if there is another
possible method of achieving the mission of the board, commission
or committee. If the select board determines that any board, commission
or committee does not appear to serve a purpose or that another method
of achieving the board, commission or committee's mission is
desirable, the select board shall hold a public hearing and take any
action deemed necessary.
[Added 5-11-2009 ATM
by Art. 31, approved 5-13-2010 Annual Town Election; amended 1-10-2013 by Chapter 457, Acts of 2012; 1-13-2021 by Chapter 344, Acts of 2020]
Subject to the approval of the select board, the town manager
shall adopt rules and regulations establishing a personnel system.
The adoption of rules and regulations shall be subject to a public
hearing. The personnel system shall make use of modern concepts of
personnel management and shall include at least the following elements:
- a method of administration;
- personnel policies indicating the rights, obligations and
benefits of employees;
- a classification plan;
- a compensation plan;
- a method of recruiting and selecting employees based on merit;
- a centralized record keeping system;
- disciplinary and grievance procedures;
- a written performance evaluation system for all full-time
year-round employees;
- a professional development, and training program; and other
elements that are deemed necessary.
All town agencies and positions shall be subject to the rules
and regulations adopted under this section excluding employees of
the school department and employees covered by collective bargaining
agreement. The personnel rules and regulations shall not apply to
the position of town manager.
The select board may appoint a 3-member personnel committee
which shall serve in an advisory capacity to the town manager. One
member of the personnel committee shall be a town employee who is
subject to the personnel rules and regulations. That member shall
be appointed by the select board upon a majority vote of the non-union
employees who are subject to the personnel rules and regulations.
The remaining 2 members shall have training background and education
in human resource issues.